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Item Nos. 06 & 07

Court No. 1

BEFORE THE NATIONAL GREEN TRIBUNAL

PRINCIPAL BENCH, NEW DELHI

Original Application No. 692/2022

(I.A. No. 228/2022)

Junaid Ayubi

Applicant

Versus

State of Uttarakhand & Ors.

Respondent(s)

WITH

Original Application No. 442/2022

Junaid Ayubi

Applicant

Versus

State of Uttarakhand

Respondent(s)

Date of hearing:

30.01.2023

CORAM :

HONBLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON

HONBLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER

HONBLE PROF. A. SENTHIL VEL, EXPERT MEMBER

HONBLE DR. AFROZ AHMAD, EXPERT MEMBER

Applicant:

Mr. Ajit Sharma, Advocate

Respondents: Mr. Rahul Verma, AAG for the State of Uttarakhand & Garhwal Mandal

Vikas Nigam

Mr. Mukesh Verma, Advocate for UKPCB

ORDER

1.

This order will deal with the above two applications which have been

filed in respect of similar violations of norms in river bed mining of sand,

bajri and boulder at two different locations at Vikasnagar, District

Dehradun, Uttarakhand. In both matters, mining leases are in favour of

Garhwal Mandal Vikas Nigam (GMVN) but mining rights further

transferred to two different private contractors Vinod Negi and Manoj

Joshi, though EC remains in the name of GMVN which is one of main

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illegalities, apart from mining being in the riverbed, which is not

permissible. There is also issue of compliance of directions of the Honble

Supreme Court in

Ors., (1989 Supp 1 SCC 504 whereby mining was prohibited in doon valley

area.

The issue applicants case

2.

In O.A. No. 442/2022, the matter relates to lot no. 21/3 (10.350

hectares) for which LOI was issued to GMVN by the State Government on

23.01.2013. O.A. No. 692/2022 relates to lot no. 21/1 (123 hectares) at

villages Dakpathar, Nawabgarh, Mandi Gangbhewa & Bhimawala, Tehsil

Vikasnagar, District Dehradun located on the river bed of River Yamuna.

It appears that there are 83 lots in Dehradun District where mining has

been permitted.

Orders of Tribunal dated 19.7.2022 and 27.9.2022

3.

O.A. No. 442/2022 was first considered by the Tribunal on

19.07.2022. A joint Committee comprising Regional Office, MoEF & CC at

Dehradun, SEIAA, Uttrakhand, Director, Department of Geology and

Mines, Government of Uttarakhand, State PCB and District Magistrate,

Dehradun was constituted to give factual and action taken report in the

matter. The Committee was to verify facts by undertaking site visit. The

grievance of the applicant was summed up as follows:-

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& CC on 07.09.2016. When longitudes and latitudes mentioned

in the consent were marked on google earth one point was

falling in khasra no. 971 of village Dhakrani in Uttarakhand

and other point was falling in village Manpur Dewra in

Himachal

Pradesh

with

20

percent

area

falling

in

Uttarakhand and 80 percent area falling in Himachal

Pradesh. On 03.01.2017 mining lease was granted to GMVN

for above said lot no 21/3 which was after tender process

allotted to Vinod Negi on 24.08.2020. After commencement of

the mining operations, GMVN and the contractors have raised

the question of border dispute to avoid payment of

installments to the State of Uttarakhand while mining is being

done continuously. There is no environmental clearance for the

mining site which has been leased out as the place for which

environmental clearance was given falls at the distance of 2

kilometers in the State of Himachal Pradesh. Illegal mining is

being done in collusion with the concerned officials which is

causing environmental degradation and loss of revenue to the

State Exchequer. The Project Proponent is liable to pay

4.

Thereafter O.A. No. 692/2022 was taken up on 27.09.2022.

Response was sought from the PP, Geology & Mining Department,

Uttarakhand as well as Garhwal Mandal Vikas Nigam and the matter was

directed to be put up along with O.A. No. 442/2022. The applicant was

required to serve the PP and file affidavit of service. Accordingly, the